P J PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Upon the note for fixing early date of hearing, with the consent of the parties, the matter is taken up for final hearing.

(2.) The short facts of the case are that the petitioners were promoted to the post of Assistant Secretaries to the Hon'ble the Chief Justice of this Court from the post of Private Secretaries to the Hon'ble Judges. At the relevant point of time, for the post of Private Secretaries, the pay-scale was Rs.2000-3500. So far as the Assistant Secretaries are concerned, the pay-scale was Rs.2500-4200. The pay-scale of the Private Secretaries to the Hon'ble Judges was thereafter upgraded and they were placed in the pay-scale of Rs.3000-4500. Since the post of Assistant Secretaries to the Hon'ble Chief Justice was higher and rather a promotional avenue from the post of Private Secretaries to the Hon'ble Judges, there should have been a revision in the pay-scale of Assistant Secretaries to the Hon'ble Chief Justice also, but there was no revision and there was only upgradation in the pay-scale of Private Secretaries, as a result thereof, the pay-scale of Private Secretaries remained as Rs.3000-4500, whereas for the post of Assistant Secretaries to the Hon'ble Chief Justice, the pay-scale remained the same as that of Rs.2500-4200. So remain the case for the posts of Additional Secretary and Secretary to the Hon'ble Chief Justice because prior to upgradation of pay-scale of Private Secretaries persons from the post of Assistant Secretaries had the further promotion avenue to the post of Additional Secretaries and Secretary of Hon'ble Chief Justice and even after upgradation, the pay-scale of Additional Secretaries and Secretary to Hon'ble Chief Justice remained same as was of Rs.2500-100-4500.

(3.) On account of the aforesaid anomaly, the Hon'ble Chief Justice of the High Court, through Registrar of High Court, as per the communication dated June 29, 1992, recommended to the Secretary to the Government of Gujarat, Legal Department, Gandhinagar, and it was suggested that the pay-scale of Assistant Secretaries should be of Rs.3500-5000 and for the posts of Secretary and Additional Secretaries to the Hon'ble Chief Justice, which is a further promotion avenue from the post of Assistant Secretaries, the pay-scale should be of Rs.4500-5700. It appears that in response to the recommendations by the High Court as per the aforesaid correspondence dated June 29, 1992, the State Government vide communication dated 1st October, 1993 sanctioned the pay-scale of Rs.2500-4200 for the post of Assistant Secretaries and for the posts of Secretary and Additional Secretaries to the Hon'ble Chief Justice, the pay-scale sanctioned was of Rs.4500-5700. It appears that so far as the posts of Secretary and Additional Secretaries to the Hon'ble Chief Justice are concerned, the sanctioned pay-scale was of Rs.4500-5700. However, the stand of the State Government, as reflected from the correspondence dated 1st October, 1993, is that such pay-scale was sanctioned as personal pay-scale and it was further mentioned that the new incumbent shall receive the pay-scale of Rs.2500-4200 only. The petitioners of Special Civil Application No.5079/1994 namely; Shri P.J.Patel and Late Shri T.M.Motwani were appointed as Assistant Secretaries to the Hon'ble Chief Justice, but they were not given the pay-scale of Rs.3500-5000 and were only given the pay-scale of Rs.2500-4200 and, therefore, they preferred this petition before this Court. The petitioners have also produced the correspondence dated 27-10-1993 issued by the Registrar of the High Court to the Secretary, Legal Department, in response to the communication dated 1st October, 1993 calling upon the information for not accepting the proposal made by the High Court as per the communication dated 29th June, 1992. Pending the petition, one of the petitioners i.e. petitioner No.1, Mr.P.J.Patel was appointed as Additional Secretary to the Hon'ble Chief Justice by further promotion from the post of Assistant Secretary. Petitioner No.1, Mr.P.J.Patel retired as the Additional Secretary and Petitioner No.2, Mr.T.M.Motwani retired as Assistant Secretary to the Hon'ble Chief Justice on reaching the age of superannuation and, therefore, the petitioners have, by amendment, in view of further revision of pay-scale of all employees of High Court also prayed for giving directions to the authorities to give the pay-scales of Rs.12000-16500 and Rs.14300-18300 for the posts of Assistant Secretary and Additional Secretary to the Hon'ble Chief Justice, as the case may be, and also to pay the arrears and consequential benefits including the pension etc. Pending the petition, Mr.T.M.Motwani, who retired as the Assistant Secretary, has expired and his legal heirs are brought on record. Pending the petition being No.SCA No.5079/1994 on 7-7-1994 this Court (Coram: S.M.Soni, J. as his lordship then was), while admitting the petition, passed an ad-interim order directing the State Government to issue necessary orders permitting the petitioners, who were working at that time as Assistant Secretaries to Hon'ble Chief Justice, to draw salary in the pay-scale of Rs.3500-5000 with immediate effect till it finally decides the pay-scale. The aforesaid ad-interim order came to be passed by this Court possibly upon the recommendation by the Registrar of the High Court, as per the correspondence dated June 29, 1992. The aforesaid ad-interim order has been accepted by the State Government and pursuant to which, the pay-scale of Rs.3500-5000 came to be drawn by the petitioners therein.